AI Structured Summary
Not yet generated for this judgment
Judgment
P.G. Ajithkumar, J.
This is an appeal filed under Order XLIII, Rule 1(c) (sic.d) of the Code of Civil Procedure, 1908. The Order dated 13.04.2023 of the Munsiff, Thalassery dismissing I.A.No.2 of 2022 in O.S.No.437 of 2015 is under challenge. That was an application filed under Order IX, Rule 9 of the Code.
Section 104 of the Code makes certain orders appealable. As per the provisions of Section 104 of the Code orders enumerated in Order XLIII Rule 1 of the Code also are appealable. One of such appealable orders is an order rejecting an application under Rule 9 of Order IX of the Code.
Section 13 of the Kerala Civil Courts Act, 1957 postulates to which court appeals shall ordinarily lie. Section 13(1) says that appeals from the decrees and orders of a Munsiff's Court shall, when such appeals are allowed by law, lie to the District Court. Therefore an appeal against order of a Munsiff rejecting an application under Rule 9 of Order IX of the Code, which is appealable under Order XLIII Rule 1(c), shall lie to the District Court. Needless to say that in the light of the provisions of Section 15 of the Code, every suit shall be instituted in the Court of the lowest grade competent to try it and the said provision applies to appeals as well. Therefore, this appeal ought to have been filed before the District Court. Since this appeal is filed in the wrong Court, the appellant is liable to be directed to present the appeal before the District Court, Thalassery.
With that observation, this appeal is dismissed as not maintainable.
Registry is directed to issue to the appellant an attested copy of the appeal memorandum and the order under appeal in original after retaining an attested copy of it with the records of this appeal. Dates of presentation and return of this appeal shall be mentioned in the copy of the appeal memorandum.